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Al-Amaren, Emad Mohammed
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Jordanian Bank's Compliance Practice on Custom and Letter of Credit Al-Amaren, Emad Mohammed; Aletein, Sultan Ibrahim
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.61054

Abstract

The Uniform Custom and Practice (UCP 600), has defined letter of credit as: “Any arrangement, however, named or described, that is irrevocable and thereby constitutes a definite undertaking of the Issuing Bank to honour a complying presentation". UCP 600 is subject to four main principles: Strict Compliance, Autonomy, Documents handling and virtue examination. This study aims to identify the fundamental principles governing letter of credit operation under the Jordanian Banks practice. Through a qualitative and doctrinal legal approach, this study analyses the organization of UCP 600 regarding the principle governing L/C and the extent to which Jordanian banks adhere to the principles of UCP 600. It also examines, via case approach the Jordanian court's approach towards this matter. The findings reveal that the Jordanian banks (Conventional and Islamic) with 100% are fully committed to the UCP. Moreover, this study also has found that Although Jordanian legislators did not regulate letters of credit operations under the commercial law, it can be noticed, based on the commercial law, that the autonomy principle is applicable in Jordan, even if it is applied in a different context.
The Participation of the Breeders: Regional Regulation of Dumai City Concerning Livestock and Pets Afrizal, Dedy; Al-Amaren, Emad Mohammed; Yusuf, Irfan Murtadho
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.49001

Abstract

This article aims to look at community participation in implementing Dumai City Act Number 10 of 2008 concerning livestock and pets, namely  what impacts arise and what sanctions will be received if they do not comply and what are the anticipatory actions of the breeders so that they will not suffer losses in the future. This study is a qualitative research categorized as sociological juridical research. The data analysis was conducted using descriptive analysis. The results showed that the breeders (livestock farmers)’ lack of understanding on the regulations that had been set was one of the obstacles arising in the implementation of the law. It is hoped that the related parties involved in this Regional Regulation understand the legal sanctions and the impacts that arise from any disobedience acts. From various community backgrounds and in terms of educational factors, cultural factors, geographical aspects, and facility factors, it appears that the government's role in creating all aspects involved in jointly implementing this regional regulation is requiredBesides, breeders must implement these regional regulations as a form of anticipatory action; thus, such livestock and pet activities will not harm themselves and their environment.
THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS Al-Amaren, Emad Mohammed
Yustisia Vol 7, No 3: December 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.26196

Abstract

The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.
Co-Authors Aletein, Sultan Ibrahim Dedy Afrizal Yusuf, Irfan Murtadho